South Carolina Criminal Law Defense Attorney
When a serious theft occurs within a business, it is usually charged as embezzlement. Typically, embezzlement charges come after a person is investigated for stealing company assets or intentionally depleting a trust or investment funds.
When investigating allegations of embezzlement, law enforcement officers tend to look for patterns of behavior rather than an explanation. Consequently, disagreements between business partners or disputes between employers and employees can lead to actions that appear to involve embezzlement, but do not.
At the Law Offices of Richard J. Breibart, LLC, our fraud and theft lawyers defend people accused of embezzlement. We consult our own investigators and forensic accountants to undermine the version of events provided by prosecutors. To learn how we can help with your fraud allegations or other white collar criminal charges, call 866-645-8743 or contact our office online.
Proving Embezzlement in South Carolina
To prove that you embezzled, the prosecution must show that you had intent and you knowingly stole from your employer, other employees or a beneficiary. The prosecution must show that:
- You intentionally misappropriated or stole funds.
- You had a fiduciary responsibility to the person or entity from whom the assets were stolen.
- You stole the funds through your position of employment.
In South Carolina state court, a conviction for embezzlement can result in up to 10 years in prison. The penalties for embezzlement charges brought in federal court are just as severe — especially if the alleged conversion of money involves public funds.
Obstruction of Justice Charges
It is not uncommon for people who find themselves under investigation to panic and hide files, destroy records or withhold information on the mistaken assumption that doing so will remove the suspicion. However, obscuring records or information often results in obstruction of justice charges — which can lead to additional fines and jail time.
If you are under investigation for embezzlement, turning all relevant files over to your attorney is in your best interests. Not only can it protect you against obstruction of justice charges, it also allows your attorney to legally challenge investigative overreach on the part of prosecutors.
Defending Against Embezzlement Charges
In defending clients against charges of embezzlement, we consult forensic accountants, computer specialists, insurance experts and our own investigators to challenge the prosecution's version of events. In many cases, overzealous state and federal investigators mistake a repeated accounting error or misplacement of funds as indicative of fraud. We look at all circumstances, including determining if the funds were stolen or if your employer or business partner owed you money. We make sure to tell the whole story at trial.
Whether you are under investigation or have been indicted on charges of embezzlement or defalcation, our Lexington embezzlement attorneys have the experience and resources needed to help you. For a free consultation to discuss your white collar crime charges, call 866-645-8743 or contact our office online. We serve the entire region, from Lugoff in Kershaw County to Walhalla in Oconee County.
